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Under the Circumstances, One Incident Involving Corporal Punishment Did Not Demonstrate Neglect

The Second Department affirmed Family Court’s finding that the Administration for Children’s Services (ACS) did not demonstrate father had neglected his 14-year-old child by using excessive corporal punishment.  Father had struck the child with a belt when she refused to give him her cell phone:

Parents have a right to use reasonable physical force against a child in order to maintain discipline or to promote the child’s welfare. However, the use of excessive corporal punishment constitutes neglect … . The petitioner has the burden of proving neglect by a preponderance of the evidence … . Although a single incident of excessive corporal punishment may suffice to support a finding of neglect, there are instances where the record will not support such a finding, even where the parent’s use of physical force was inappropriate … . Under the circumstances presented here, the Family Court correctly found that ACS failed to establish by a preponderance of the evidence that the father neglected Anastasia by virtue of his infliction of excessive corporal punishment upon her. ACS failed to establish that the father intended to hurt Anastasia, or that his conduct demonstrated a pattern of excessive corporal punishment … . There was insufficient evidence that Anastasia suffered the requisite impairment of her physical, mental, or emotional well-being to support a finding of neglect … . Given Anastasia’s age, the circumstances under which the altercation occurred, and the isolated nature of the father’s conduct, the court did not err in dismissing the petitions… . Matter of Anastasia L–D, 2014 NY Slip Op 00226, 2nd Dept 1-15-14

 

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